T(}

No. F. 1l013/7/73/D(Lands)/Vol. IIIGovernment of India /Ministry of DefenceNew Delhi, the 18th June, 1982. .

"The Director General,Defence, Lands & Cantonments,R.K. Puram, New Delhi.

Subject: REVISION OF LAND POLICY IN CANfONMENT AREAS.

Sir,I am directed to refer to the orders contained in this Ministry's letter No. 1l013/7/73-/D (Lands)

dated 15-11-1976 is amended vide letter of even number dated 8-9-1977 and letter No. 1l013/1O/79/D(Lands) dated 2nd July 1980 regarding regulation of construction of old grant sites and the land policyhas been in Cantonment areas and to say that the policy has been reviewed and it has been decided thatcases will be regulated hereafter in accordance with the provisions contained in the succeeding para-graphs.

2. (A) BUNGALOW AREASI. SITES HELD ON RESUMABLE TENURE NAMELY OLD GRANT AND LEASES

UNDER THE CANTONMENT CODES OF 1899 AND 1912.(i) No leases involving conversion of old grant or other resumable tenure into lease hold would

.0e granted. The sites held on resumable tenure would be resumed gradually in the followingcircumstances :-(a) Where any such site/sites are required for specific Defence/Public purposes, priority being

given to bungalows which are on hire to the Government.

(b) Sites which are vacant.(c) Sites where the existing structures are in dilapidated condition.(d) Sites where the occupancy holders have committed breaches of the terms/conditions of

the old grant. Marginal violation of the old grant/leases may, however, be regularisedby Government provided there is no change in the purpose. Each case will be referredfor orders to the Ministry of Defence who will decide the issue in oonsultation with theMinistry of Finance (Defence).

(ii) Bungalows held on hire by Government where the sites are held by the OC3UP,lllCY holderson resumable tenure will not be dehired.

(iii) Renovation and marginal additions and alterations having no independent use and wherethey are required for personal use may be regularised provided :-(a) The holders acknowledge Govt's title to the land and the right of resumption,(b) The renovation and marginal additions and alterations are in accordance with the build-

ing bye-laws framed by the Cantonment Board concerned, and(c) The plinth area of the previously authorised structure existing on site is not exceeded.

NOTES:-o(i) Each case is to be referred to Ministry of Defence for orders and will be decided in con-

sultation with Ministry of Finance (Defence).(ii) Past cases pending finalisation will be regularised on this basis.

192820 Defj93--4

20

(iv) Where the resumptee owners do not possess any other residential plot/house in the Cantonmenton the adjoining town or city or notified areas, they may be provided, on free-hold basis,alternative developed sites equal in areas to the site resumed but not exceeding 500 sq. yds.in each cases on payment of 50% of the market value. This would be subject to the conditionthat in cases of allotment in urban agglomeration coming within the purview of Urban land(Ceiling and Regulations) Act, 1976, the resumptee should be eligible to hold 500 sq. yds. ofvacant land. For this purpose in each Cantonment a suitable compact area on the peripheryof the Cantonment preferably adjoining the civil area will be earmarked if no such site isavailable in the civil area itself.

Where the structure in the resumed site are occupied by the Occupancy holder himself, he may beallowed to remain in occupation of the authorised structures and such other appurtenant land ~s may bedecided by Government for a period not exceeding 2 years from the date of allotment of alternativesite or the date of constructing of house on the alternative s.te whichever is earlier on payment of rentfor building/land from the date the structures vested in Government under resumption orders.

NOTES:-

(i) Incase where under the existing orders an offer for 1000 sq. yds. /600 sq. yds. on lease hasbeen made in writing to any resumptee owners and the same has been accepted such offerwill be allowed to stand provided the same does not go counter to the provisions of UrbanLand (Ceiling & Regulations) Act, 1976. In case, however, such resumptee owners volun-tarily restrict their requirement of alternative plot of 500 sq. yds, there would be no objectionto the grant of the restricted area on free-hold basis at 50% market value. The conditionsrelating to Urban Land (Ceiling & Regulations) Act, 1976 wilt also be applicable.

(ii) Before allotment of an alternative plot to a resumptee, it should be ensured that the resumptee,his or her spouse, or their unmarried minor children do not own any house or residential plotin the Cantonment, where the resumed site is situated. An affidavit to this effect should beobtained from the resumptee before alternative plot is allotted. In case the Cantonmentconcerned is covered by the Urban Land (Ceiling and Regulations) Act, 1976, the resumpteeowner will have to furnish in his affidavit details of all lands/houses held by him or any ofthe members of his family as defined under the Act in any of the urban agglomerations comingwithin the purview of the Act.

(iii) Cantonment Code Leases in respect of sites situated outside the civil areas of Cantonment whichhad expired were to be renewed upto 31-12-1978 under the terms and conditions as containedin the original leases, excepting the clause for renewal. All these leases and such of theleases as will expire before 31-12-1985 will be renewed by the grant of short-ter m leasesupto 31-12-1985 in schedule VIII (suitably modified) containing a clause enabling Govt. toresume the property only if the properties are not required for defence/public use. The formof lease to be used will be circulated separately.

L

II. SITES ON LEASE UNDER C.L.A. RULES 1925/1937.

(a) Sites held on lease would be acquired gradually as and when required for defence/public pur-poses except such sites held by public institutions such as Post Offices, Banks, Schools andPublic utility concerns like Petrol Pumps, Cafeterias etc.

(b) The existing lease hold sites held on non-resumable tenure would be continued on the existingterms during the tenure of the lease which will include renewals at the option of the lesseeswhere provided in the lease. In the event of refusal to renew the lease, construction willvest in Government and ex-gratia compensation equal to 50% of the value of the authorisedconstructions will be paid to the holders.

21

III. . GRANT OF LEASES TO PUBLIC INSTITUTIONS

Fresh lease of land, including by conversion of old grant/resumable tenures, will be grantedto public institutions referred to in II (a) above. The terms of such leases to recognised and well know ncharitable and educational institutions run by registered societies, or Public Trusts will be decided onmerits of each case by Government. Grant of lease in all such cases will be subject to the conditionthat the land can be spared.

(B) CIVIL AREAS (BAZAR AREAS)I. SITES HELD ON RESUMABLE TENURES

(i) Free-hold rights of sites held on old grant and other resumable tenures, which are not requiredfor any defence/public purposes would be sold to the occupancy holders on payment ofcharges as per the following scale.In such cases requests for conversion will be referred to thelocal military authorities for indicating whether the site is required for any specific projector purpose and the local military authorities shall give their comments/views within two monthsof such reference. If no reply is received within the stipulated period, the DL&C authoritieswill progress cases for conversion without further reference to the Military authorities:

(a) Plots of 50 sq. mtrs. or less-10 times STR.

(b) Plots of more than 50 sq. mtrs. but not exceeding 100 sq. mtrs.-20 times STR.

(c) Plots more than 100 sq. mtrs. but not exceeding 200 sq. mtrs.-25 times STR

(d) Plots more than 200 sq mtrs. but not exceeding 300 sq. mtrs.-30 times STR

(e) Plots exceeding 300 sq. mtrs.-40 times STR.

/

(In these cases the area allowed to be converted into free-hold will be subject to the restrictionsrelating to holding of vacant land under the Urban Land (Ceiling and Regulations) Act, 1976, wher-

, ever applicable).

(ii) Conversion will be restricted to the built up area and any area that is too small to beindependently leased out subject to the ceiling laws, and the remaining area will be sur-rendered by the grantee.

(iii) Sale price will normally be recovered in one lump sum. Facility of payment in instalmentsof not less than Rs, 5000/- each may on application be given at the discretion of the MEO.Interest at 10 % per annum on the un-paid balance will be charged. Full payment should becompleted within a maximum period of five years. Sale deed will be executed only after theconversion cost and interest. If any, have been realised in full.

(iv) In case, where the offer of sale of freehold rights is not accepted within a period of one year ofthe offer, the sites may be resumed and subsequently sold by public auction.

(v) In cases of recognised and well known educational and Charitable institutions which are runby registered societies or Public Trusts, the sale value will be determined by Government onthe merits of each casco

(vi) Large old grant sites and sites held on iesumable tenure will be resumed if required forDefence/Public purposes.

II. SITES HELD ON LEASE UNDER CLA RULES, 1925/1937

(a) Sites held. on lease will be converted into freehold on payment of full market value of the landallowing a rebate equal to the cost of the premium proportionate to the un-expired portion of

22the lease. The procedure for verification with Military authorities as prescribed forconversion of old grant sites will be operative in these cases also. Where the lessees do notagree to the conversion into free-hold the existing lease-hold would continue on existing termsduring the tenure of the lease which will include renewals at the option of the lessees. There-after the leases will not be renewed and the lands will vest WIth Government on payment of50 % of the value of authorised constructions.

(b) Where any such site/property is required for Defence/Public purposes, it will be acquired underthe normal procedure.

III. DISPOSAL OF VACANT LAND IN CIVIL AREAS

(i) Vacant land in civil areas, surplus to Defence requirements maybe allotted to HousingSocieties of Cantonment Board Employees belonging to weaker sections and those of servingand retired personnel of the Defence Services. The allotment will be subject to the condi-tion that no member of the Society owns a house or a residential plot at the Station oradjoining municipality. Normal rent and. premium will be Charged for allotment of land tosuch societies.

(ii) Vacant land resumed in terms of the land policy in the civil areas may be utilised by theCantonment Board fOI their normal Municipality/commercial purposes on payment ofnominal/commercial charges. If not required by the Cantonment Board, such lands may beoffered to societies referred to in the preceding sub-para on the conditions mentioned therein.If there is no demand from the Cantonment Board or Housing Societies such lands will be putto auction after getting 'No Objection' from the AII11Yauthorities.

(iii) Pieces of vacant land which cannot be put to ' independent use and are not required forMunicipal purposes by the Cantonment Board may be sold to the adjoining house ownersprovided they apply for conversion of the premises held on old grant/lease into free hold.

3. No conversion into freehold of site.in the civil area of such cantonments when: excision has beendecided upon or is under consideration of Government will however, be allowed.

4. For implementation of the decisions at 'B-1', 'B-II' and 'B-III' above, the management of all landsin notified civil areas of Cantonments will be required to be transferred from the Cantonment Boardsto the Military Estates Officers. Separate orders will be issued in this behalf after necessary adminis-trative arrangements are made.

6. This issues with the concurrence of the Ministry of Finance (Defence) vide their u.o. No. 129/S/W-VI of 182.

Yours faithfully,

S~/-(A.P. PANDIAN)

Under Secretary to the Govt. of India.